Terms and Conditions

 

 

Preamble

  1. For the purposes of this terms and conditions, Bonjour Technology Sdn Bhd, its subsidiaries and/ or affiliates shall hereinafter collectively referred to as “Bonjour”, “we”, “us” or “our”. Your access to https://www.bigbrainbank.org (“the Website”) is subject to the following terms and conditions (this "Terms and Conditions") as well as all applicable laws, rules, regulations, codes, guidelines and/or policies.
  2. By accessing and using the Website, you accept and agree to the Terms and Conditions withoutlimitation or qualification and acknowledge that any other agreements you may have withBonjour are superseded by this Terms and Conditions, to the extent if any conflict exists.
  3. Bonjour may at any time revise this Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page regularly to review the current Terms and Conditions from time to time.
  4. Bonjour reserve the right, without notice and for any reason, to remove any content on thisWebsite and to deny access of any user or users to all or any part of this Website.

 

Usage of the Website

  1. Unless otherwise specifically indicated, you may download material displayed on the Website for personal, non-commercial use only and you may not distribute, modify, transmit, use or reuse any of the contents of the Website for any public or commercial purpose without the written consent of Bonjour or any third party duly authorised by Bonjour. You must retain all copyright and other proprietary notices on downloaded and/or copied material from the Website. Any copy of material from the Website you make and distribute for any purpose must also include this Terms and Conditions.
  2. You may not access or use the Website in any way that could or is intended to damage or impair the Website and/or Bonjour, or any server or network underlying the Website, or interfere with the usage of the Website by other persons.

 

Copyrights and Other Rights

  1. You should assume that everything on the Website is copyrighted and/or trademarked unless otherwise noted, and that it must not be used except as provided in this Terms and Conditionsor with the express written consent of Bonjour or any third party duly authorised by Bonjour. Bonjour neither warrants or represents that your usage of the material displayed on the Website will not infringe the rights of any third party(ies). Any information, analysis, write up, product, service, program or technology described on the Website may be the subject of other intellectual property rights (including but not limited to copyright, trademark or patent rights)owned by Bonjour. Any such right that is not expressly licensed herein is reserved by Bonjour.
  2. Images of people or places displayed on the Website are either the property of, or used with permission by Bonjour. Use of these images by you or any other third party(ies) is strictlyprohibited unless expressly permitted in this Terms and Conditions or elsewhere on the Website. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, rules, regulations, codes, guidelines and statutes.
  3. Any product, service, program or technology described in any document published by Bonjour on this site may be the subject of other intellectual property rights owned by Bonjour. Any such right that is not expressly licensed hereunder is reserved by Bonjour.
  4. Apart from your personal information (which is addressed in the Privacy Notice), any information, communication or material you send to the Website, electronically or otherwise, including but not limited to data, questions, comments, suggestions or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Website may be used by Bonjour for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast and posting.
  5. By submitting information and/or material to the Website, you irrevocably and unconditionallytransfer and assign to Bonjour, and forever waive and agree never to assert, any copyrights, "moral" rights, rights of publicity or to privacy or other intellectual-property or proprietary rights that you may have in such material. Bonjour is free to use, without obligation of any kind, any ideas, concepts, techniques, know-how or any other information contained in anycommunication you send to the Website for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.
  6. By using this Website, you may submit, or Bonjour may gather, certain limited information about you and your usage of the Website. Subject to the terms of the Privacy Notice, Bonjour is free to use such information for any purpose it deems appropriate.

 

Trademarks

  1. The trademarks, logos and service marks (collectively known as the "Trademarks") displayed on the Website are registered and unregistered Trademarks of Bonjour and others, in Malaysia and/or other countries. Nothing contained on the Website should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on theWebsite without the written permission of Bonjour or any such third party that may own the Trademark. Misuse of any Trademark or any other content displayed on the Website is strictlyprohibited.

 

No Warranties and Limitation of Liability

  1. To the maximum extent permissible by applicable law, Bonjour disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. There is no warranty that any information or service provided or referenced by this Website is either accurate, that such information or service will fulfil any of your particular purposes or needs, or that such information or service does not infringe on any third-party rights. Except for any express warranties stated on this Website, if any, the information and services provided or referenced on this Website are provided “as is”, “as available”, and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort are with the user.
  2. While Bonjour may use reasonable efforts to include accurate and up-to-date information on the Website, Bonjour makes no warranties or representations as to its accuracy, timeliness or completeness. Bonjour may periodically add, change or improve any of the information, products, services, programs and technology described on the Website with notice. Bonjour assumes no liability or responsibility for any errors or omissions in the content of the Website.
  3. Your use of the Website is at your own risk. To the maximum extent allowed by law, neither Bonjour nor any other parties involved in creating, producing or delivering the Website is liable for any direct, indirect, incidental, consequential or punitive damages, however caused, arising out of your access to, use of, or reliance on the Website, even if Bonjour has been advised of the possibility of such damages. For example, Bonjour assumes no responsibility for and will not be liable for any damages to or any viruses which may affect your computer equipment orother property on account of your access to, use of, or downloading from, the Website.

 

Indemnity

  1. You hereby irrevocably agree to indemnify and keep Boujour indemnified from all liabilities, claims, losses and expenses, including any legal fees that may be incurred by Bonjour in connection with or arising from:
    1. Your use or misuse of this Website and the services and/or products provided herein; or
    2. Your breach of this Terms and Conditions howsoever occasioned; or
    3. Any intellectual property right or proprietary right infringement claim by a third party against Bonjour with your usage of the Website.

 

Other Agreements

  1. Your usage of the Website, or certain features or information provided through the Website, may be subject to additional agreements apart from this Terms and Conditions.
  2. Most of the information on the Website applies internationally, but a significant amount ofinformation applies only to certain countries or regions. Although Bonjour tries to mark all country and region-specific information with a country indication, it does not warrant or represent that all information without indication applies internationally. You should check the applicability of any information on this website to you or your organization.
  3. Bonjour may provide you with new or additional products and/or services associated with your usage of the Website from time to time, and these new products and/or services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

 

Legal Information

  1. This Terms and Conditions will be governed by and construed under the laws of the Malaysia. Each party accessing this Website hereby submits to the exclusive jurisdiction of the courts of Malaysia and waives any jurisdictional, venue or inconvenient forum objections to such courts.
  2. Any failure by Bonjour to enforce any of its rights under this Terms and Conditions or applicable laws shall not constitute a waiver of such right. If any provision of this Terms and Conditions is found by a court of competent jurisdiction to be invalid, you, Bonjour and the court shall endeavour to give effect to the intent reflected in that provision and the remaining Terms and Conditions provisions shall retain their full force and effect.
  3. You agree to follow any applicable laws in your usage of the Website. You will abide by theselaws and regulations as applicable and will not transfer, directly or indirectly, by electronictransmission or otherwise, any content or software from the Website to or from any countries or foreign nationals in violation of such laws or regulations.
  4. Please also read over the Bonjour Privacy Notice, which are part of this Terms and Conditionsand which you shall accept before your usage of the Website.
  5. Bonjour may amend this Terms and Conditions from time to time by publishing a notice of the change(s) and posting an updated version on the Website and/or by providing you notice ofamendments when you log into the Website. The change(s) shall take effect on the date of publishing such notice and posting an updated version of this Terms and Conditions on the Website or when you logging on the Website, whichever is earlier.